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Exparte decree passed in domestic violence case,I didn' collect summon
04-Mar-2023 (In Criminal Law)
Hi, I was told that a dv case was filed against me by my wife and since orders have been passed to pay 3l to her while I don't even know when this case was filed against me or when the hearing took place . When I consulted my wife's advct , she said that I am an expat . They even said I have collected the summons by signing and receiving it while I never ever did that . What am I supposed to do. No Ameena or any came what's so ever to give the summons to me. And no body ever collected it on my behalf . Please advise.
Hi as per law in Protection of Women from Domestic Violence Act, 2005) is not an ex-parte order, then even to grant interim relief to the petitioner (wife), the court must conduct an inquiry as would be required in a CrPC summary trial, that is, summons case. This means that husband will be allowed to give his basic evidence etc and any order will be passed only after that.furthur details contact us
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Adv. Vedashree A
Bangalore | 500+ Answers
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when was the Order passed? You have to file appeal without delay before limitation period expires. Feel free to contact me at the earliest. Since Order has been passed your wife will initiate execution procedures.
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Adv. Geetha D Philip
Bangalore | 100+ Answers
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Hi, As per your wordings, a group of people acted against you using legal. But, without summoning you not even a single time, decree can not be passed. You can discuss with a lawyer along with case details to know the history of this case.
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First of all file a appeal to set aside the exparte order against you by taking proper and lawful contention.
Challenge the signature which is written while delivering the summons to you verify the same in concerned authority
and file a PCR if in case any forgery is done.
Challenge the signature which is written while delivering the summons to you verify the same in concerned authority
and file a PCR if in case any forgery is done.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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